Variances may be granted by the hearing body from the lot size requirements, screening requirements and any of the provisions contained in Chapters 17.36 through 17.48. Exceptions to the zoning code for minor modifications of bulk restrictions may be approved administratively as a zoning waiver, provided that the application includes no other underlying land use application or permit that would normally require approval by the hearing body. Variances and waivers may be made subject to conditions which maintain the purpose and intent of the zoning code. (Ord. 1484-04 § 13 (part), 2004: Ord. 1013 § 4.03.01, 1985)

Repealed by Ord. 1651-09. (Ord. 1484-04 § 13 (part), 2004: Ord. 1013 § 4.03.02, 1985)

Variance applications shall be processed as a Type II land use permit as set forth in Chapter 2.90 for consolidated permit processing. Zoning waivers (administrative) shall be processed as a Type IA land use permit as set forth in Chapter 2.90 for consolidated permit processing. (Ord. 1484-04 § 13 (part), 2004: Ord. 1312-98 § 1 (part), 1998: Ord. 1013 § 4.03.03, 1985)

Variances and zoning waivers shall become void if substantial progress is not made toward construction of improvements within two years, or if construction has not been completed within five years, which periods may be extended by the hearing examiner for good cause. (Ord. 1607-08 § 7(H), 2008: Ord. 1484-04 § 13 (part), 2004: Ord. 1013 § 4.03.04, 1985)

No variance shall be issued by the hearing body unless it finds that:

A.    No detriment will result to neighbors or the public in general;

B.    The reason the regulation from which relief is requested is unnecessary in this case is that special circumstances exist here which are not common to other similarly restricted properties. (These circumstances may include physical features of the subject property, nature of surrounding improvements and uses, or proposed design elements that will meet the same purpose as the regulation from which relief is requested. The special circumstance(s) shall be specified in the findings); and

C.    The special circumstances are sufficiently unique that the cumulative effect of such variances will not undermine the purpose and intent of this title. (Ord. 1484-04 § 13 (part), 2004: Ord. 1013 § 4.03.05, 1985)

The director may approve an exception to zoning bulk restrictions provided that no other underlying land use permit normally requiring review and approval by the hearing body is required. In addition, the criteria for approving the zoning exception shall be as follows:

A.    No detriment will result to neighbors or the public in general;

B.    Special circumstances exist that make compliance with the bulk restrictions impractical or unreasonable;

C.    Provisions are made so that the purpose and intent of the bulk restrictions are still maintained, such as privacy, access and street layout. (Ord. 1484-04 § 13 (part), 2004)